Professional services for wwtw maintenance tender documentation and compliance support (80/20 preference system)

Inspections and tests: if the bid condition requires supplies or services to be subject to inspection at any stage during production, execution or on completion, the bidder's/contractor's premises must be open at all reasonable hours for inspection by a representative of the Department or an organisation acting on its behalf. Where inspections show compliance, costs are borne by the purchaser; where they show non-compliance, costs are borne by the supplier. Non-compliant supplies/services may be rejected. Any contract supplies may be inspected, tested or analysed on or after delivery and rejected if not compliant; rejected supplies held at supplier's cost and risk, must be removed and replaced immediately at supplier's cost. Failure to replace allows purchaser to procure substitutes at supplier's expense. These provisions do not prejudice the purchaser's right to cancel for breach or act under termination for default.

Performance security: the successful bidder must furnish performance security within 30 days of contract award notification, in the amount specified in the Special Conditions of Contract. Acceptable forms: bank guarantee or irrevocable letter of credit from a reputable bank, or a cashier's/certified cheque. Security is denominated in the contract currency or a freely convertible currency acceptable to the purchaser. Security is discharged and returned within 30 days after completion of all performance and warranty obligations, unless the SCC states otherwise.

Payment terms: the purchaser pays within 30 days of receipt of a valid invoice and delivery note, unless the SCC specifies different terms. Payment is in Rand unless the SCC stipulates another currency.

Price adjustments: prices are firm for the contract duration except for adjustments authorised in the SCC or arising from a bid validity extension.

Tax compliance: no contract will be concluded with a bidder whose tax matters are not in order; a valid SARS tax clearance certificate (original) must be provided before award.

Local supplier is responsible for all taxes, duties and levies incurred until delivery; foreign supplier is responsible for those imposed outside the purchaser's country.

General Conditions of Contract apply to all bids, contracts and orders for functional and professional services, sales, hiring, letting and granting or acquiring of rights (immovable property excluded unless bidding documents state otherwise). Special Conditions of Contract (SCC) supplement the GCC and prevail where they conflict. Bidders must comply with the standards and specifications stated in the bidding documents. The purchaser is not liable for bid preparation costs; a non-refundable document fee may be charged. Invitations to bid are published in the Government Tender Bulletin (www.treasury.gov.za).

Contract formation: written agreement signed by both parties, including all attachments, appendices and documents incorporated by reference. SCC prevails over GCC where they conflict.

Performance security: required within 30 days of award notification, amount per SCC; forms: bank guarantee/irrevocable letter of credit or cashier's/certified cheque; discharged within 30 days after full performance including warranty.

Inspections and tests: pre-bid testing at bidder's cost; if bid condition requires inspection during production/execution/completion, premises open at reasonable hours; costs of successful inspections borne by purchaser, failed inspections by supplier; non-compliant supplies may be rejected and must be replaced at supplier's cost and risk.

Packing: must prevent damage/deterioration during transit, withstand rough handling, extreme temperatures, salt, precipitation and open storage; comply with SCC marking and documentation requirements.

Delivery: per contract terms; shipping/other documents per SCC.

Insurance: goods fully insured in freely convertible currency against loss/damage during manufacture, acquisition, transport, storage and delivery as specified in SCC.

Transportation: all-inclusive delivered price unless SCC specifies otherwise.

Incidental services (may be required per SCC): on-site assembly/commissioning supervision, tools for assembly/maintenance, operations and maintenance manuals, maintenance/repair for agreed period (does not relieve warranty), training of purchaser's personnel.

Spare parts (per SCC): supply of elected spare parts; advance notification of production termination; provision of blueprints/drawings/specifications at no cost if requested.

Warranty: goods new, unused, current models, incorporating recent improvements; free from defects in design, materials, workmanship for 12 months after delivery/acceptance at final destination or 18 months after shipment, whichever ends first, unless SCC states otherwise; supplier must repair/replace within period specified in SCC after written notice; purchaser may remedy at supplier's risk and expense if supplier fails.

Payment: method and conditions per SCC; invoice with delivery note copy; payment within 30 days of invoice submission; in Rand unless SCC stipulates otherwise.

Prices: firm, not varying from bid prices except for SCC-authorised adjustments or bid validity extensions.

Contract amendments: only by written amendment signed by both parties.

Assignment: not permitted without purchaser's prior written consent.

Subcontracts: supplier must notify purchaser in writing of all subcontracts not already in the bid; notification does not relieve supplier of liability.

Delays: supplier must notify purchaser promptly in writing of delay, likely duration and cause; purchaser may extend time with or without penalties; extension ratified by contract amendment. Purchaser may procure substitute supplies/services for delayed quantities at supplier's expense and risk, or cancel and claim damages.

Penalties: for late delivery/performance, penalty calculated on delivered price of delayed goods/unperformed services using current prime interest rate per day of delay until actual delivery/performance; purchaser may also terminate.

Termination for default: purchaser may terminate by written notice if supplier fails to deliver within contract period (or extension), fails to perform any other obligation, or engages in corrupt/fraudulent practices. Purchaser may procure similar goods/services; supplier liable for excess costs. Purchaser may impose restriction from public sector business for up to 10 years; supplier has 14 days to object. Restriction details reported to National Treasury within 5 working days. Conviction under Prevention and Combating of Corrupt Activities Act leads to endorsement on Register for Tender Defaulters (5-10 years prohibition).

Anti-dumping/countervailing duties: State not liable for provisional payments or duties imposed after bid date; favourable differences must be paid to State or deducted from moneys due.

Force majeure: supplier not liable for forfeiture of performance security, damages or termination for default if delay/failure results from force majeure; supplier must notify purchaser promptly and continue performance as far as reasonably practical.

Termination for insolvency: purchaser may terminate by written notice if supplier becomes bankrupt/insolvent; no compensation to supplier.

Dispute settlement: mutual consultation; if unresolved after 30 days, either party may give notice to commence mediation per SCC rules; if mediation fails, South African court of law; parties continue performance and purchaser pays monies due during proceedings.

Limitation of liability: supplier not liable for indirect/consequential loss, loss of use/production/profits/interest (except penalties/damages); aggregate liability limited to total contract price (except cost of repairing/replacing defective equipment).

Governing language: English.

Applicable law: South African law unless SCC states otherwise.

Notices: written acceptance by registered/certified mail; other notices by ordinary mail to address in bid or later notified address; deemed served on posting date.

Taxes and duties: foreign supplier responsible for taxes/duties/levies outside purchaser's country; local supplier responsible until delivery; tax clearance certificate required before award.

National Industrial Participation Programme: applies to contracts subject to NIP obligation.

Prohibition of restrictive practices: collusive bidding prohibited per Competition Act; purchaser may refer to Competition Commission; if found guilty, purchaser may invalidate bid, terminate contract, restrict bidder from public sector for up to 10 years, claim damages.